Before the Court is defendants' Motion to Dismiss. On June 20,
1984, plaintiffs filed this action alleging that their civil
rights were violated when the Franklin County Sheriff
terminated their employment on November 25, 1980. According to
plaintiffs, they were discharged for having filed a grievance
with the Department of Labor. Count I is brought under
42 U.S.C. § 1983; Counts II and III invoke pendent jurisdiction
over claims involving the Illinois Constitution and the tort of
retaliatory discharge. Defendants, relying on Wilson v.
Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985),
contend that the § 1983 claim is barred by Illinois' two-year
limitations period for personal injuries. For the following
reasons, this Court holds that plaintiffs' § 1983 claim is
time-barred under the limitations period for personal injuries
found at Ill.Rev.Stat. ch. 110, ¶ 13-202.

In Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07, 92 S.Ct.
349, 355-56, 30 L.Ed.2d 296 (1971), the Supreme Court advanced
a three-part analysis to determine whether rulings as to
applicable statutes of limitations should be applied
retrospectively. The factors to be considered include: the
extent of change from established prior law; the purpose and
effect of the rule in question and whether retrospective
application would advance or retard this purpose; and the
equities of retrospective application. Although the Seventh
Circuit has not yet specifically addressed these factors in
light of the Supreme Court's decision in Wilson, the Third
Circuit, in Smith v. City of Pittsburgh, 764 F.2d 188, at
194-197, considered these factors in depth and determined that
restricting the holding in Wilson
to prospective application was not warranted.

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